Martin v. Smith

The motion is to vacate an attachment. The Code requires the summons to be served within thirty days after the issuing of the attachment, either personally within the State or “ else, before the expiration of the same time, service of the summons by publication must be commenced, or service thereof *426must be made without the State pursuant to an order obtained therefor,” §. 638. In the case at bar the summons was served without the State, pursuant to an order of this court, within the thirty days. Subsequently, this order was vacated, and the service set aside. From this order plaintiff has…